Weekly Opinion/Editorial

MONEY AND POLITICS!
by Steve Fair

The bipartisan campaign Reform Act, aka the McCain-Feingold Act was enacted in January of 2003. McCain-Feingold changed how political campaigns were financed. One of the most controversival provisions of the law banned so called ‘issue advertising’ by corporations and unions. Back in 2002, then Majority Whip of the Senate, Senator Mitch McConnell, (R-KY), led a charge to challenge the constitutionality of the law, but the Supreme Court upheld most of the legislation in ‘McConnell vs. the FEC.’
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After McCain-Feingold became law, Oklahoma and other states established strict guidelines that mirrored the new law which prohibited corporate contributions to state and local political campaigns. Many constitutional experts said this was a clear violation of the first amendment which guanatees the ‘right of free speech,’ but until this week,McCain-Feingold was the law of the land.
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On Thursday, the Supreme Court, in a 5-4 decision, reversed the limit on corporate political expenditures. The decision will allow businesses and unions to run ‘issue advertising’ in campaigns and will likely reshape the November 2010 elections. President Obama said the ruling “gave a green light to a new stampede of special-interest money in our politics, particularly big oil, Wall Street banks, health-insurance companies and other powerful interests that will drown out the voices of everyday American.”
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Senator McConnell said the court’s ruling was a “monumental decision toward restoring First Amendment rights by ruling the Constitution protects their right to express themselves about political candidates and issues up until Election Day.”
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In an editorial on Friday, The Oklahoman said, “Unfortunately, McCain-Feingold’s good intentions tread all over the First Amendment, whose value to the republic is the guarantee of more speech, not less. Government rightfully should be concerned with preserving the electoral process’ integrity. But as we’ve long argued, this is best done through transparency and honest disclosure, both of which let Americans assign weight to messages heard during election season.”
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Marilyn Hughes, Executive Director of the Oklahoma Ethics Commission, said the US Supreme Court decision will also impact Oklahoma politics. “The ruling changes the whole complexion of political campaigns,” Hughes said. The five member Oklahoma Ethics Commission is scheduled to vote this week on changes to state ethics ruiles to comply with the new decision.
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Some liberals are saying the top court’s ruling will pour more money into a political system already driven by big money donors. But as Paula Baker in her book ‘Money and Politics’ says; Americans spend three times more on potato chips than on politics, so the idea there is too much money in politics is somewhat exaggerated. Not that anyone in their right mind doesn’t believe there isn’t too much money in politics.
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For example in 2000, the average U.S. Congressional race cost $500,000 to win- today it’s up to over a million. Why is money driving politics and how do we get true campaign finance reform?
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First, we have obscene money in politics because the average citizen pays little or no attention to their government. Because of citizen slouthfulness, slick campaigns are a necessary part of a sucessful candidate’s strategy. A shallow campaign and message is more important than principles in todays political enviroment. Until America has a viligent, 24/7 engaged electorate, we will continue to see big money and shallow campaigns control the political landscape. Every political campaign and candidate needs money, but until more average citizens are willing to help financially, the big donors will control the process. True campaign finance reform could happen if average citizens would put their money where their mouth is and begin donating money to principled candidates they agree with.
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In 2008, then candidate Barrack Obama claimed he was going to “change the way campaigns are funded in his presidential race.” He claimed his 2008 fundraising success was based on small donors, but despite attracting millions of new contributors to his campaign, Obama received about the same percentage of his total political funds from ‘small donors’ as President Bush did in 2004, according to a study by the non-partisan Campaign Finance Institute. It’s one thing to talk about building a small donor base, but it’s much tougher to accomplish.
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Second, because modern political candidates don’t run their campaigns with volunteers, politics has become a growing ‘industry.’ Consultants and political hacks siphon off most of the money political candidates raise in their race and often these consultants have the big donors in their pocket. Years ago, talented volunteers ran effective campaigns for their principled friends and neighbors. Now those volunteers are relegated to menial tasks that are non-threatening to the so-called ‘experts.’ Until volunteers are empowered by candidates, and small donors contribute in mass, we will continue to have big money donors and political consultants running the process.

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The Supreme Court decision this week rightfully restored first amendment rights to a segment of the population whose civil rights were being restricted. But the millions of citizens in the U.S. who have never exercised their first amendment rights in the political process by placing their treasure where their heart is can permanently change America if they will only take equity in their government by volunteering and donating to like-minded candidates.

Weekly Opinion/Editorial

OKLAHOMA SEEKS

PERFECT COUNTRY AND WESTERN SONG!
by Steve Fair

Last week was the deadline for Oklahoma state legislators to file bills for the upcoming session. A total of 2,235 bills were filed. 1,051 will be carried over from last year and could be considered, making the total 3,286. Since the legislature meets just 66 days each year, that means Oklahoma lawmakers will have to plow through 50 bills a day to get to all the bills filed.
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One of the more unnecessary bills that will likely be debated is one by Senator Harry Coates, (R-Seminole) for an official country and western song. Oklahoma has an official ‘rock’ song- The Flaming Lips’ ‘Do you Realize?’- after last years’ session. After a contest to determine the winner, one of the ‘Lips’ band members showed up at the State Capitol ceremony dressed in a t-shirt with the logo of communism- the hammer and sickle. Several members of the House objected to the bands’ flippant attitude and defeated the resolution, authored by Representative Joe Dorman, (D-Rush Springs). The Governor then signed an Executive Order making the official state rock song one that less than five percent of the general population had ever heard of. The whole process was a waste of time when the legislature could have been dealing with a substantive issue like worker compensation reform. Hopefully lawmakers won’t waste the people’s time by trying to find the ‘perfect country and western song.’
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Senator Anthony Sykes, (R-Moore), has introduced a bill that would reduce government waste and duplication by combining the work of the Corrections Department and the Pardon and Parole Board in the pardon and parole investigative process.

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Representative Dennis Johnson, (R-Duncan), has filed a bill that will require students receiving money from the Oklahoma Higher Learning Access Program to remain in the state for five years after graduation. The Oklahoma Higher Learning Access Program provides scholarships equivalent to all or part of tuition expenses for students who complete the program’s requirements while in high school. The scholarships may be used at accredited public and private colleges and for certain programs/courses offered at public career technology centers. Once enrolled, the student must complete a specified core curriculum, achieve a minimum GPA in both the required core, attend school regularly, and refrain from substance abuse and criminal/delinquent acts. This is a good idea and while it may not keep them in the state, it at least allows taxpayers to recover a portion of the investment we made in their education if they decide to leave.

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Sykes has authored a bill that would require the Governor to set a special election for all state and federal offices within 30 days from when the vacancy occurs. This would mean the end of appointments by the Governor to file unexpired terms. You will recall that Governor Henry appointed current Oklahoma State Auditor and Inspector Steve Burrage in July of 2008 to fill the vacancy created by the resignation of Jeff McMahan after McMahan was found guilty on federal campaign finance charges. This is a necessary piece of legislation that will give voters a voice in replacing those vacanies. The real challenge with our current governor will be getting him to set the date within 30 days.

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Sykes is also introducing a bill that would those receiving public welfare to pass a drug test before being approved for benefits. At least six states- Indiana, Massachusetts, Minnesota, New Jersey, Wisconsin and Virginia- currently require eligibility for some public assistance to drug testing, according to the National Council of State Legislature. Public assistance and drug testing stems from the Congressional overhaul of welfare in the 1990s, which allowed states to implement drug testing as a condition of receiving help. This should be passed simply because it is common sense.

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Senator Bryce Marlatt, (R-Woodward), evidently thinks the actions of some of his colleagues in the legislature and the Governor are chemically induced. He has filed a bill that would require drug tests for legislators and the Governor before they take office. Perhaps Marlatt filed the bill after hearing strands of Jimi Hendrix’ Purple Haze coming from the Capitol’s muzak system or he read the transcripts from past legislative sessions. Either way, this bill is a waste of legislative time.

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All too often, legislators run bills that are popular and designed to get them media attention, re-elected to office or to endear themselves to their base. Legislation should be geared to making government more efficient, saving the taxpayers money or protecting the general public. It should not avoid the tough issues or simply ‘tell us what we want to hear.’ Edmund Burke said, “Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.”

Weekly Opinion/Editorial

ELECT THOSE WE CAN TURN OUR BACKS ON!
by Steve Fair

C-SPAN first went on the air March 19, 1979, broadcasting a speech by then-Congressman Al Gore, (D-TN). C-SPAN initially provided live coverage of the U.S. House chamber proceedings, but in 1986 C-SPAN 2, a spin-off network went on the air to cover the U.S. Senate sessions live. The latest spin-off, C-SPAN 3 began broadcasting in 2001, and airs government-related live events along with historical programming from C-SPAN's archives.
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C-SPAN is owned and operated by the cable industry and doesn’t receive any taxpayer money. The stated purpose of C-SPAN was to ‘open government’ to the people. Now Americans with cable can watch what is happening in the U.S. House and Senate live. Often time elected officials can be more entertaining than TV Land. As Will Rogers said, “This country has come to feel the same when Congress is in session as when the baby gets hold of a hammer.” According to Hart Reseach, twenty percent of Americans with cable watch C-SPAN weekly. That’s over 34.5 million Americans turning in to watch their government live. People in the south and midwest watch more than the rest of America.
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Now Oklahoma citizens will be able to watch live both their legislative chambers in action. The Oklahoma state Senate has one wide-angle camera installed in its chamber that provides live streaming audio and video of Senate floor action on the Internet; two committee rooms are also wired for audio and video feeds. The State House has provided live audio the last few years, but it was announced last week that starting with the 2010 session video and audio will be available live online. Four small robotic cameras have been installed in the House chamber for a system that will allow Internet users to watch and listen to House action. Visitors to the House Web site can watch it live or view floor action that occurred earlier.
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Allowing Oklahomans to see House members in action instills confidence in their legislators, State House Speaker Chris Benge, (R-Tulsa) says. "It’s a natural thing for the public to be skeptical of elected officials, but we would like to instill confidence in the public in what we’re doing,” he said. "By opening up our process, we’re trying to take a step in that direction.”
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Because of the large budget shortfall, House Minority Leader Danny Morgan, (D-Prague) thinks the timing is wrong. "I’m not just sure that what we’re saying is that electronic information is more important than other government services,” said Morgan, D-Prague.
Benge said, "As we’re more open and we have the public being able to really pay attention and involve themselves more ... that will make for a better process.”
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Like other legislative issues, Internet coverage has its proponents and opponents. Fans argue that Internet coverage: Helps bring government closer to constituents; Offers greater flexibility in program scheduling than other broadcast venues; Allows legislature and citizens to be independent of television stations to carry the broadcast signal; and Is reasonably priced, especially when compared with television broadcasting.
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Critics contend that Internet coverage: Allows downloaded remarks to be manipulated, taken out of context or used for political purposes; Can be skewed by the leadership to provide an unfair amount of coverage for the party in control; and/or Benefits lobbyists and legislative and government employees more so than the average citizen, who may be less likely to watch the proceedings.
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The Executive Director of OETA told a State House Committee in 2008 that he could broadcast their sessions statewide(a state version of C-SPAN) for around a million dollars With the huge budget shortfall the timing is not right to broadcast legsislative sessions via OETA, but the modest $66,700 taxpayers will fork out for live audio/video internet is a bargain. Because elected officals often do what is ‘inspected,’ not what is ‘expected’ opening up the legislative process is a great idea, even if it benefits lobbyists and bureaucrats as well as citizens.
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The reality is most people don’t have time to daily monitor their legislators’- state or federal- work by TV or Internet. The average citizen has a job and a busy life. Because legislators cast hundreds of votes that we never hear about, David Barton, founder of Wallbuilders, says, “we should elect people we can turn our back on.” David, a nationally known speaker and author, will be speaking on Saturday evening at the Simmons Center in Duncan at 6pm. The public is invited and there is no admission fee.

Weekly Opinion/Editorial

2010 BRINGS CHANGE!
by Steve Fair

As Roman senator and historian Publius Cornelius Tacitus said in the first century, "As formerly we suffered from crimes, so now we suffer from laws."

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At the stroke of midnight on Thursday the 31st, eleven pieces of legislation from the 2009 Oklahoma state legislative session went into effect in Oklahoma. They range from one that extends tax credits for people who purchase cars that run on LP or natural gas to one that creates a state Chief Information Officer who will work to consolidate purchasing of computers and other I.T. equipment.
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Some of the new legislation makes sense- like the I.T. consolidation, which should make government more efficient and secure when it is implemented. Governor Henry is charged with filling the CIF position, which pays about 150K a year, but Henry, has said he won’t have the position filled until later in January. He does have his search narrowed down to the top five applicants, but the chronically late Guv has had six months to get the position filled. Other notable bills that went into effect on January 1st were:
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HB1661 provides an income tax check off for the Oklahoma Y.M.C.A. Youth and Government Program. SB 721, authored by Senator Don Barrington, (R-Lawton) allows Oklahomans to help the children of military personnel killed in action to further their education by donating a portion of their income tax refund to them. It would also provide income tax exemption for payments resulting from death of certain persons killed in military action. These two statutes provide options for taxpayers and will not grow government, so they make sense.
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HB2148, authored by Representative Don Armes, (R-Faxon) created the Uniform Limited Cooperation Association Act of 2009. The measure allows individuals in rural and urban settings to use a cooperative structure to own, run and share in the benefit of their business in combination with modern financing techniques. Natural gas and rural electric cooperatives are exempt from being formed under this act.
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SB 11 requires the Oklahoma Tax Commission to pay interest on refunds if not paid in a timely way. SB 314 requires the Tax Commission to issue new decals for motor vehicle tags. The new decals will have a two-letter abbreviation corresponding to the county of issue.
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SB 318 is a general tax statute of nearly 200 pages containing numerous tax law revisions requested by the OTC. A provision in the bill does create an Oklahoma Viticulture and Enology Center Development Revolving fund (350K annually) to benefit the wine industry. SB 458 authorizes county election board secretaries to transmit balloting materials by e-mail under certain conditions. While the intent of this statute is good(military personnel), the ‘unintended consequences’ could present opportunity for voter fraud.

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SB 608 increased the annual fee for cigarette wholesaler and manufacturer licenses from $25 to $250. This statute grows government and the fees will undoubtedly be passed on to smokers in the form of a price increase. TEN fold fee increases at one time on legal businesses just because government can is excessive and inappropriate.

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SB 909 offers enhanced incentives for job creation in Oklahoma. Under current Oklahoma law, employers qualify for Quality Jobs tax rebates if they create new jobs with a minimum payroll of $2.5 million. They also have the option of applying for tax credits if they invest $40 million in Oklahoma. In eight other states, they can take advantage of both at the same time, which they cannot currently do in Oklahoma. This legislation allows existing and new businesses in Oklahoma to take advantage of both the rebates and credits. This makes good sense and will help create jobs in the Sooner state.

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SB 916 directs a dividends-paid deduction otherwise allowed by federal law to compute net income of a real estate investment trust and is subject to federal income tax to be added back in computing income tax if the trust is a captive real estate investment trust. SB 1127 relates to corporate registered agents, foreign limited liability companies and filing fees. Both of these statutes are business friendly and don’t grow government.
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The most notable change to Oklahomans may be the death of the so-called, ‘death tax.’ The estate tax was gradually eliminated over the last few years, with full repeal occurring Jan. 1st. Implemented seventy-four years ago, the ‘double taxation’ often forced heirs to sell the deceased’s assets to satisfy the tax bill. “When people lose a loved one, they suffer enough without facing a new tax burden, especially one that could potentially force the sale of a family farm or business,” said House Speaker Chris Benge, (R-Tulsa).

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The federal estate tax has been repealed for 2010 and will need U.S. Congressional reauthorization for the repeal to continue, but Oklahoma’s death tax no longer exists as of January 1st. The feds could take a page from Oklahoma and make the federal estate tax repeal permanent.

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2010 will bring many changes and not just in more laws. Benjamin Franklin gave some sound advice when he said, “Be always at war with your vices, at peace with your neighbors, and let each new year find you a better man.” Happy New Year!